Kawski v Johnson & Johnson
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Kawski v Johnson & Johnson
2011 NY Slip Op 09392
Decided on December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 23, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, GREEN, GORSKI, AND MARTOCHE, JJ.
1277 CA 11-01351
[*1]A.M. KAWSKI, ON BEHALF OF HERSELF AND ALL OTHER EMPLOYEES SIMILARLY SITUATED, PLAINTIFF-APPELLANT,
v
JOHNSON & JOHNSON AND ORTHO-CLINICAL DIAGNOSTICS, INC., DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), dated September 9, 2010 in a breach of contract action. The order granted the motion of defendants to dismiss and dismissed the amended complaint.
THOMAS & SOLOMON LLP, ROCHESTER (J. NELSON THOMAS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
PATTERSON BELKNAP WEBB & TYLER LLP, NEW YORK CITY (ELLEN M. MARTIN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: December 23, 2011
Frances E. Cafarell
Clerk of the Court
Decided on December 23, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, GREEN, GORSKI, AND MARTOCHE, JJ.
1277 CA 11-01351
[*1]A.M. KAWSKI, ON BEHALF OF HERSELF AND ALL OTHER EMPLOYEES SIMILARLY SITUATED, PLAINTIFF-APPELLANT,
v
JOHNSON & JOHNSON AND ORTHO-CLINICAL DIAGNOSTICS, INC., DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), dated September 9, 2010 in a breach of contract action. The order granted the motion of defendants to dismiss and dismissed the amended complaint.
THOMAS & SOLOMON LLP, ROCHESTER (J. NELSON THOMAS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
PATTERSON BELKNAP WEBB & TYLER LLP, NEW YORK CITY (ELLEN M. MARTIN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: December 23, 2011
Frances E. Cafarell
Clerk of the Court
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